Removal of action from one local criminal court to another

§ 170.15 Removal of action from one local criminal court to another.\n Under circumstances prescribed in this section, a criminal action\nbased upon an information, a simplified information, a prosecutor's\ninformation or a misdemeanor complaint may be removed from one local\ncriminal court to another:\n 1. When a defendant arrested by a police officer for an offense other\nthan a felony, allegedly committed in a city or town, has, owing to\nspecial circumstances and pursuant to law, not been brought before the\nparticular local criminal court which by reason of the situs of such\noffense has trial jurisdiction thereof, but, instead, before a local\ncriminal court which does not have trial jurisdiction thereof, and\ntherein stands charged with such offense by information, simplified\ninformation or misdemeanor complaint, such local criminal court must\narraign him upon such accusatory instrument. If the defendant desires\nto enter a plea of guilty thereto immediately following such\narraignment, such local criminal court must permit him to do so and must\nthereafter conduct the action to judgment. Otherwise, it must remit the\naction, together with all pertinent papers and documents, to the local\ncriminal court which has trial jurisdiction of the action, and the\nlatter court must then conduct such action to judgment or other final\ndisposition.\n 2. When a defendant arrested by a police officer for an offense other\nthan a felony has been brought before a superior court judge sitting as\na local criminal court for arraignment upon an information, simplified\ninformation or misdemeanor complaint charging such offense, such judge\nmust, as a local criminal court, arraign the defendant upon such\naccusatory instrument. Such judge must then remit the action, together\nwith all pertinent papers and documents, to a local criminal court\nhaving trial jurisdiction thereof. The latter court must then conduct\nsuch action to judgment or other final disposition.\n 3. At any time within the period provided by section 255.20, where a\ndefendant is arraigned upon an information, a simplified information, a\nprosecutor's information or a misdemeanor complaint pending in a city\ncourt, town court or a village court having trial jurisdiction thereof,\na judge of the county court of the county in which such city court, town\ncourt or village court is located may, upon motion of the defendant or\nthe people, order that the action be transferred for disposition from\nthe court in which the matter is pending to another designated local\ncriminal court of the county, upon the ground that disposition thereof\nwithin a reasonable time in the court from which removal is sought is\nunlikely owing to:\n (a) Death, disability or other incapacity or disqualification of all\nof the judges of such court; or\n (b) Inability of such court to form a jury in a case, in which the\ndefendant is entitled to and has requested a jury trial.\n 4. Notwithstanding any provision of this section to the contrary, in\nany county outside a city having a population of one million or more,\nupon or after arraignment of a defendant on an information, a simplified\ninformation, a prosecutor's information or a misdemeanor complaint\npending in a local criminal court, such court may, upon motion of the\ndefendant and after giving the district attorney an opportunity to be\nheard, order that the action be removed from the court in which the\nmatter is pending to another local criminal court in the same county\nwhich has been designated a court formed to address a matter of special\nconcern based upon the status of the defendant or the victim, commonly\nknown as a "problem solving court," including, but not limited to, drug\ncourt, domestic violence court, youth court, mental health court, and\nveterans court, by the chief administrator of the courts, and such\nproblem solving court may then conduct such action to judgment or other\nfinal disposition; provided, however, that an order of removal issued\nunder this subdivision shall not take effect until five days after the\ndate the order is issued unless, prior to such effective date, the\nproblem solving court notifies the court that issued the order that:\n (a) it will not accept the action, in which event the order shall not\ntake effect, or\n (b) it will accept the action on a date prior to such effective date,\nin which event the order shall take effect upon such prior date.\n Upon providing notification pursuant to paragraph (a) or (b) of this\nsubdivision, the problem solving court shall promptly give notice to the\ndefendant, his or her counsel and the district attorney.\n 5. (a) Notwithstanding any provision of this section to the contrary,\nin any county outside a city having a population of one million or more,\nupon or after arraignment of a defendant on an information, a simplified\ninformation, a prosecutor's information or a misdemeanor complaint\npending in a local criminal court, such court may, upon motion of the\ndefendant and after giving the district attorney an opportunity to be\nheard, order that the action be removed from the court in which the\nmatter is pending to another local criminal court in the same county, or\nwith consent of the district attorney and the district attorney of the\nadjoining county to another court in such adjoining county, that has\nbeen designated as a human trafficking court or veterans treatment court\nby the chief administrator of the courts, and such human trafficking\ncourt or veterans treatment court may then conduct such action to\njudgment or other final deposition; provided, however, that no court may\norder removal pursuant to this subdivision to a veterans treatment court\nof a family offense charge described in subdivision one of section\n530.11 of this chapter where the accused and the person alleged to be\nthe victim of such offense charged are members of the same family or\nhousehold as defined in such subdivision one of section 530.11; and\nprovided further that an order of removal issued under this subdivision\nshall not take effect until five days after the date the order is issued\nunless, prior to such effective date, the human trafficking court or\nveterans treatment court notifies the court that issued the order that:\n i. it will not accept the action, in which event the order shall not\ntake effect; or\n ii. it will accept the action on a date prior to such effective date,\nin which event the order shall take effect upon such prior date.\n (b) Upon providing notification pursuant to subparagraph i or ii of\nparagraph (a) of this subdivision, the human trafficking court or\nveterans treatment court shall promptly give notice to the defendant,\nhis or her counsel, and the district attorney.\n